Scotts Company (SMG)

 

For the 2008 fiscal year, the Company had the following NEOs that are subject to this disclosure: James Hagedorn, who served as Chief Executive Officer throughout the 2008 and 2007 fiscal years; David C. Evans, who served as Chief Financial Officer throughout the 2008 and 2007 fiscal years; Barry W. Sanders, who served as the Company’s Executive Vice President, North America throughout the 2008 fiscal year and for part of the 2007 fiscal year; Claude L. Lopez, who was appointed as an executive officer on October 1, 2007 and served as the Company’s Executive Vice President, International and Chief Marketing Officer throughout the 2008 fiscal year; and Denise S. Stump, who served as the Company’s Executive Vice President, Global Human Resources throughout the 2008 and 2007 fiscal years. Each of Mr. Hagedorn, Mr. Evans, Mr. Sanders, Mr. Lopez and Ms. Stump serves pursuant to an employment agreement as described below in the section captioned “EMPLOYMENT AGREEMENTS AND TERMINATION OF EMPLOYMENT AND CHANGE-IN-CONTROL ARRANGEMENTS — Employment Agreements.”

 

At the end of the 2007 fiscal year, the Company had only four executive officers that were still actively serving in that capacity. Accordingly, the NEOs for purposes of this disclosure include James Hagedorn, who served as Principal Executive Officer throughout the 2007 fiscal year, David C. Evans, who served as Principal Financial Officer throughout the 2007 fiscal year, Barry W. Sanders and Denise S. Stump, who were the only other executive officers serving at the end of the 2007 fiscal year. Each of Mr. Hagedorn, Mr. Evans, Mr. Sanders and Ms. Stump serves pursuant to an employment agreement as described below under the caption “PAYMENTS ON TERMINATION OF EMPLOYMENT AND CHANGE IN CONTROL — Employment Agreements and Termination of Employment and Change-in-Control Arrangements.” In addition, two former executive officers are disclosed as NEOs, Christopher L. Nagel and David M. Aronowitz, who would have been among the most highly compensated executive officers, but were not serving as executive officers at the end of the 2007 fiscal year. Mr. Nagel served as Executive Vice President, North America Consumer Business through July 18, 2007 and Mr. Aronowitz served as Executive Vice President, General Counsel and Corporate Secretary through July 17, 2007.